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California

Beware two ADA traps: Perceiving obesity as a disability, making applicants pay for exams

02/25/2020
Employers that cite obesity as a presumptive disability and then require an applicant to prove that he is not disabled are violating disability discrimination laws, the 9th Circuit Court of Appeals has ruled.

Beware creeping expectations for exempts

02/25/2020
In today’s booming economy, with new workers in short supply, many exempt employees are being asked to do more nonexempt work and end up working longer hours. That’s a recipe for disaster.

Orange County, Calif. trucking co. delivering $200K in back OT pay

02/25/2020
C&W Trucking in Orange County will pay 56 employees $199,010 in back pay following an investigation by the U.S. Department of Labor’s Wage and Hour Division.

Good records: Your defense against retaliation suits

02/04/2020
Thoroughly document workplace misdeeds. For example, investigate and act on charges of deceit. Records showing you did everything by the book can defeat a retaliation lawsuit.

Track when you first considered discipline

02/04/2020
Employees who suspect they are facing a disciplinary action such as termination may think complaining about discrimination or taking protected leave will insulate them from negative consequences. But smart employers start documenting poor performance early on, as well as their preliminary decisions to consider discipline.

AB 5—California’s new independent contractor law—comes under fire

02/03/2020
Opponents of California’s controversial new independent contractor law, AB 5, have moved to get a competing law on the ballot. They fear that if gig workers became employees, as they would under AB 5, it would raise some employer costs an estimated 30%.

California employees can collect penalties for unpaid wages

02/03/2020
A new amendment to Labor Code Section 210 allows employees to recover civil penalties without going through the Labor Commissioner.

Employee represents herself? Prepare for long legal slog

02/03/2020
Sometimes, litigious employees decide to act as their own attorneys. Don’t assume this will make it easy for you to win in court. If anything, when a past or current employee decides to represent herself, the case may end up taking longer and costing more.

Encourage staff who witness harassment to report it

02/03/2020
Since the #MeToo movement became influential in 2017, the EEOC has focused on encouraging so-called bystander reporting of workplace sexual harassment. But a recent case highlights what happens when a bystander takes reporting harassment seriously and finds himself fired.

Broad arbitration agreement can cover even unusual claims

02/03/2020
Challenging the legality of a specific arbitration agreement is one way employees might try to get out of it. When that fails, their attorneys may try to come up with a novel claim that doesn’t seem to fit neatly into the agreement. Fortunately, they rarely succeed.